Section 497 in The Indian Penal Code, 1860
497. Adultery.—
Whoever has sexual intercourse with a person who is and whom he knows ... Union of India (2018), the Court held adultery as defined under Section 497 of the IPC as being manifestly arbitrary, discriminatory and violative
offence punishable under [section 494 or 495] [Substituted by Act 45 of 1978, Section 17 for "Section ... section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497
Section 497 in The Companies Act, 1956
497. Final meeting and dissolution .-
(1) Subject to the provisions of section 498, as soon as the affairs
accused person applies for bail he shall be released (Section 496). Section 497 applies to cases of nonbailable offences and there it is said that ... enquiry or the trial has been proceeding is Sub-section (2), Section 497. The importance of the distinction lies in the fact that the relaxation
entitled to be heard, the
section is said to be bad. Counsel is right
that Section 497 does not contain a
18
provision for hearing ... section
(2) of Section 198 treats the husband of the woman as deemed to
be aggrieved by an offence committed under Section 497
punishable under Sections 417 , 465 , 468
and 471 of IPC could be consistent with the allegations of offence
punishable under Sections 306 , 497 ... under Sections 417 , 465 , 468 and 471 of IPC
would be consistent with the allegations for the offence
punishable under Sections 306 , 497
sections of the Code.
(iii) The first and the last sentences of Section 498 are clearly ancillary or subsidiary to Sections 496 and 497 ... Magistrate, just as under the provisions of Sub-section (6) of Section 497 a High Court or Court of Session may cancel the bail granted
were not tried and convicted. It was said there that Section 496 and Section 497 , Cr. P.C. provided for the granting of bail ... sections. This implies that Section 498 , Cr. P.C., does not confer any extraordinary power not possessed by a Court while acting under Section 497
relevant portions of Section 497(1) and Section 498, Criminal P. C. Section 497(1) is as follows-
"When any person accused ... offence which is covered by Section 496, or of a non-bailable offence which is covered by Section 497, The Oxford English Dictionary
person aggrieved by the offence. Sub-
section (2) of section 198 provides that, for the purposes
of sub-section (1), "no person other than ... entitled to be heard, the section is said to be
bad.
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Counsel is right that section 497 does not contain a
provision for hearing
